State has yet to seek preclearance of photo voter ID law approved in 2011

MONTGOMERY, Alabama – Alabama’s new photo voter ID law will go into effect with the June 2014 primaries – now less than a year away -- but the state has yet to submit the law for federal preclearance or to develop a free ID that is supposed to be available to voters.

Alabama lawmakers in 2011 approved a law to require Alabamians – beginning with the party primaries in June of 2014 -- to show photo identification in order to vote.

The state has yet to submit the new law for preclearance with the U.S. Department of Justice so it can be used in next year's elections.

A spokeswoman for Attorney General Luther Strange said the state is waiting for the secretary of state’s office to develop rules for a new free voter ID that the 2011 state law requires to be made available for people who don’t have identification.

A spokeswoman for Secretary of State Beth Chapman said a plan for the free IDs is under development.

“We are nearing the finalization of the development plan for photo voter ID. That information will be announced as soon as possible,” Chapman’s chief of staff Emily Thompson wrote in the email.

Thompson declined to elaborate on how the process for getting the free IDs would work.

“The photo voter ID law has not yet been precleared. We cannot announce or implement the process until it has been precleared. At that time we will do everything in our power to ensure that implementation will run as smoothly and effectively as possible,” Thompson said.

Senate Minority Leader Vivian Davis Figures, D-Mobile, said she was concerned that the state isn’t further along.

Figures said she fears many voters will be caught off guard when they go to vote next year. She said it is important that people have adequate time to know how to get the free IDs.

Many Alabamians, particularly the elderly do not have photo identification, Figures said.

“Think of the people who don’t drive anymore or people who have not driven for years,” Figures said.

The bill's sponsor said he was surprised to learn the election change hadn't been submitted for preclearance. However, he said he wasn't worried.

Rich said the free voter IDs will have to be developed in time for the election "because that is part of the law."

Keesha Gaskins, a senior counsel for the Brennan Center for Justice at New York University School of Law, questioned if the state was waiting to see if the U.S. Supreme Court does away preclearance requirements for changes to election procedures.

The U.S. Supreme Court is expected to rule soon on Shelby County's challenge to Section 5 of the Voting Rights Act that requires states and local governments with a history of discrimination to get approval from the federal government before changing election laws.

Lawmakers in 18 states have approved photo voter ID laws, according to the National Conference of State Legislatures.

However, the laws in several of those states have been tied up in court challenges or have yet to be approved by the Department of Justice.

Alabama voters for years have been required to show identification at the polls, but many forms of non-photo IDs have been allowed, such as a utility bill, a Social Security card or a copy of a birth certificate.

Alabama approved the photo ID requirement in 2011 soon after Republicans took over as the controlling party of the Alabama Legislature.

The debate over photo voter ID has been highly partisan. Republicans and proponents have said the strict ID is needed to guard against voter fraud. Some Democrats and opponents said the ID laws are aimed at making it harder for the poor, elderly and minorities to vote.